Bank loan is still not the solution: 1, apply to the bank for deferred repayment; 2. Apply for installment repayment; 3. Borrow money from friends and relatives to repay the loan; 4. Repay assets at a discount.
1. Apply for deferred repayment from the bank: users can apply for deferred repayment from the bank in advance and need to show their financial status to the bank. Deferred repayment is suitable for users who are temporarily unable to repay in the short term.
2. Apply for installment repayment: When the repayment amount is too large and the repayment ability is insufficient, you can apply for installment repayment, so that you can repay in multiple installments and reduce the repayment pressure of each installment.
3. Borrow money from relatives and friends to repay: If the amount owed is not large, you can borrow money from relatives and friends to repay the bank debt first, and then return the money borrowed from relatives and friends afterwards.
4. Repayment of assets at a discount: If you have jewelry, real estate, vehicles and other properties in your hand, you can discount these items to repay the debts of the bank.
Consequences of outstanding bank loans:
1. As long as the bank is in loans overdue, it will collect money, including but not limited to SMS collection, telephone collection and even door-to-door collection. If the amount owed is large and overdue for a long time, the bank will also collect it through judicial channels, that is, go. Even if the debtor does not appear in court, the judgment can be made by default. At that time, if the debtor fails to repay the loan, the bank will apply for enforcement, freeze the assets and deposits in the debtor's name, and even auction the debt. Even if the debtor has no money or assets, the execution will be suspended and enforced when he has money and assets.
2. Bank loans overdue will have a bad credit record, which will only be eliminated after paying off the arrears for 5 years, and the longer the arrears, the more serious the overdue. For example, if the arrears exceed 180 days and remain sluggish, banks will include bad debts. Once there is a record of bad debts in the credit report, it can be said that any credit business is insulated, and as long as you apply for a guarantee, 100% will be rejected.
What if the loan runs out of money?
If it is really unable to repay, it shall negotiate with the lending institution to extend the repayment period or repay it in installments. If the lender fails to perform the judgment within the performance period after winning the case, it will apply for enforcement.
When accepting enforcement, it will inquire about the property, vehicles, securities, deposits, etc. under the name of the lender according to law. Effective judgment that the lender refuses to perform because there is no executable property under its name.
There may be negative information records such as overdue repayment in personal credit report, which will be restricted to high consumption and entry and exit, and may even be punished by judicial custody.
According to Article 193rd of the Criminal Law of People's Republic of China (PRC):
The crime of loan refers to the act of making up false reasons such as introducing funds and projects, using false economic contracts, false certificates, false certificates of property rights as guarantees, repeatedly guaranteeing beyond the value of collateral, or lending a large amount of money to banks or other financial institutions in other ways. Loan crime is a kind of financial crime.
Extended data:
The boundary of crime
1, "for the purpose of illegal possession" is an important criterion to distinguish crime from non-crime. When determining the crime of loan, we can't simply think that as long as the loan can't be repaid at maturity, it will be punished as the crime of loan.
In real life, the loan can't be repaid on time for complicated reasons. For example, some profit plans can't be realized and loans can't be repaid on time, all because of poor management or changes in market conditions.
In this case, although the perpetrator was subjectively at fault, he did not have the purpose of illegally possessing the loan, so he could not be considered as this crime. Some people overestimate their repayment ability.
As a result, the loan cannot be repaid on time. Although the actor is subjectively negligent, he has no purpose of illegal possession and should not be punished for this crime. Only those acts of obtaining loans by deception for the purpose of illegal possession constitute the crime of loan.
2. Distinguish between loans and no loans. Some borrowers are in arrears for a long time after obtaining loans, and even exaggerate their ability to perform their duties when applying for loans, making up lies and not paying them back when they are due. This kind of lending is easily confused with loans. We should grasp the following four points and distinguish the boundaries between them:
(1) If there is a result of not repaying the loan when it is due, it depends on whether the fact that the actor's performance ability is insufficient at the time of applying for the loan already exists and whether the actor knows this. If you can't fulfill the contract, you don't fully understand it. Even if it is not repaid at maturity, it should not be regarded as a loan crime, but should be treated as a loan.
(2) It depends on whether the actor actively uses the loan for the purpose agreed in the loan contract after obtaining the loan. Although the actor can't repay after maturity, if the loan is really used for the designated project, it generally means that the actor has no intention to lend subjectively and should not be punished as this crime.
(3) It depends on whether the actor actively repays the loan after it expires. If the behavior only verbally acknowledges the repayment, in fact, it has not actively raised funds to prepare for the repayment, which cannot prove that the actor did not intentionally, did not breach the contract, and did not necessarily intentionally.
(4) Combining the above factors, we can comprehensively examine the subjective mentality of the actor through objective behavior in many aspects, so as to find out whether there is the purpose of illegal possession of loans, which is of great significance for correctly distinguishing the boundaries between loans and lending.